West Palm Beach Collaborative Divorce Lawyer

West Palm Beach Collaborative Divorce Attorney

If you and your spouse want to avoid a contentious divorce in court and save on legal costs, you may want to consider a collaborative divorce. When a divorcing couple is willing to work together on how to divide their property, split up parental responsibilities, or agree on most issues, collaborative divorce can be a cheaper, quicker, and less stressful process. An adept West Palm Beach collaborative divorce lawyer can discuss the resolution method with you.

What Does a Collaborative Divorce Look Like?

Collaborative divorce is a legal process that allows spouses to settle their marriage dissolution outside of court. A divorcing couple may consider working collaboratively on their settlement agreement if there’s a desire to reach a resolution that benefits both parties. Collaborative divorce is meant to be cooperative and less adversarial than a traditional divorce, avoiding any unnecessary or excessive disputes.

Through this process, spouses instead opt for divorce proceedings that are communicative, fair, and with the potential to create a settlement agreement that is tailored to satisfy each party’s needs. Collaborative divorce entails each party being represented by their own attorney, who is there to provide legal counsel, help in negotiating the terms of the divorce, and ensure the spouse’s individual goals and concerns are sufficiently addressed.

Within the negotiation process, additional neutral parties may also be involved, such as financial, mental health, or child professionals. Our team of lawyers at Benzion Law’s approach can help facilitate an environment that takes into account the emotional aspects of divorce, handling them with care. Including financial advisors within the collaborative divorce can be beneficial for high-asset divorces or, if the marital estate is especially large, for ensuring property division is fair.

Benefits of Utilizing a Collaborative Approach to Divorce

There are many potential benefits of a collaborative divorce when this approach is a feasible option for a couple’s specific circumstances. Collaborative divorce can give the spouses more control over the outcome of their settlement agreement. This is often a preferable option compared to leaving matters up to a judge’s discretion since the couple is more familiar with their marriage, children, property, etc.

Since collaborative divorce takes place outside of a courtroom, the process is also confidential and more private compared to a traditional divorce. Divorcing spouses’ personal details are also kept out of the public record. Collaborative divorces can also be faster and less costly than a litigious or contested divorce, which tends to involve lengthy court proceedings and more legal fees.

Furthermore, collaborative divorces are designed to prevent spouses from fighting over the different areas of their marriage and its dissolution. This approach instead emphasizes respectful communication, each party’s mental health, and the emotional well-being of the family overall. Working together collaboratively can avoid the emotional strain, stress, and endless disagreement commonly associated with contentious divorces.

What If My Spouse Isn’t Willing to Consider a Collaborative Divorce?

If your spouse is not interested in a collaborative divorce, it may be because they are not familiar with the idea and do not understand it. You may try providing your spouse with resources that explain the fundamental principles of collaborative divorce or discuss the various benefits of the divorce resolution method, such as saving on costs and making it a quicker process.

Another option is to bring up the possibility of divorce mediation with your spouse and see if they are more open to this approach instead. Mediation is another method spouses may opt for if they still want an uncontested divorce or to avoid spending time in court. Instead of having a collaborative team of professionals while negotiating your divorce agreement, mediation allows spouses to reach a settlement while proceedings are conducted by an impartial mediator.

FAQs

Q: How Much Does a Collaborative Divorce Cost in Florida?

A: It is difficult to estimate how much a collaborative divorce may cost in Florida. This is because each divorce case involves a variety of different factors, which can affect how long the process may take.

However, the costs of a collaborative divorce are frequently much lower than divorces that need to go to court. Collaborative divorce also includes fewer legal costs, although the exact cost will depend on the spouse’s marital property, whether they have children, and if alimony is requested.

Q: How Long Does Collaborative Divorce Take in Florida?

A: In Florida, how long a collaborative divorce may take will vary. Each divorce case is unique and brings its own nuances, issues, and circumstances. If the spouses are committed to working collaboratively and effectively, the legal process can go relatively quickly.

If one or both parties struggle to reach an agreement on a particular issue, the process may take a bit longer. If you and your spouse qualify for a summary dissolution, you may also consider this as an option.

Q: How Can I Know If a Collaborative Divorce Is Right for Me?

A: Collaborative divorce can be very advantageous for some divorcing spouses, but it is certainly not a viable option for everyone. Collaborative divorces are relatively uncontested, so if you and your spouse do not agree on the divorce itself, disagree on one or more issues, or are unable to compromise or communicate with one another, it may not be an ideal choice for you. Be sure to consult with a qualified and experienced attorney if you are considering collaborative divorce.

Q: Are There Any Downsides to Collaborative Divorce?

A: One downside to a collaborative divorce is if you and your spouse are not able to reach an agreement. Even if spouses are willing to try working collaboratively, they still might not be able to negotiate and agree on a settlement that works for each party.

When this happens, the couple will need to restart the divorce process. Another potential disadvantage is if the judge denies the settlement agreement from your collaborative divorce because they suspect coercion or unfair proceedings.

Find A Competent and Dedicated Divorce Lawyer for You

The legal professionals at Benzion Law, a family law firm, have successfully helped countless families and divorcing spouses with their divorce. Contact our office today to schedule a consultation with a skilled collaborative divorce lawyer today.